3) Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.

DAY – 22: Insights Self Study Guide for Prelims + Mains – 2015

25 June 2015

Following Questions are Based on this TIMETABLE

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3) Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.(200 Words)

NCERT – Class XI, Indian Constitution at Work, Chapters 9

  • kaushal sharma

    Amendment being an important part for a Living Constitution of India, leading to make changes as per the requirement of the current situation like increase the age of retirement of High Court judges from 60 to 62 by 15th Amendment, salaries of judges of High Court and Supreme Court were increased by 55th Amendment.

    But during the period of 1970-1975, situation of amendment by Parliament and interference of Judiciary was very frequent. Like relationship between fundamental rights and directive principles, secondly, scope of right to private property and thirdly, scope of Parliament’s power to amend the Constitution.

    One of the most famous case was the basic structure of the Constitution
    named as Keshvanda Bharti case, in which Judiciary was placed as the final authority in interpreting the Constitution and its basic features cannot be amendment by Parliament in any case, but the 42nd Amendment led the judiciary power reduced with making changes in the Preamble, the seventh schedule and article 53 of the Constitution.

  • Batman

    Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament or precisely ,the government of the day, forcing the need to bring amendment to the Constitution in order to remove the ambiguity or differences of opinion on a particular provision in the Constitution. Such instances have arise in past due to :-

    1. attempt by the executive ( or the government of the day) to limit the power of the Judiciary with regard to it’s power of judicial review .
    2. when the basic structure of the Constitution was altered by the government or fundamental rights of people enshrined in the Constitution were compromised or infringed upon.
    3. when legislation or orders were enforced that are in violation of the spirit of the Constitution and the tenets of a democracy .

    A few such instances are listed below
    1. In the Keshavnand Bharati vs State of Kerala , the Supreme Court declared the extent to which Parliament could restrict property rights ,in pursuit of land reform and led to the setting up of the doctrine of ‘Basic Structure of the Constitution ‘ limiting the power of the Parliament with regard to Constitutional amendment under the article 368 of the Constitution.

    2.In it’s judgement of Minerva Mills vs Union of India, the Supreme Court declared two provisions of the 42nd Amendment which prevent any constitutional amendment from being “called in question in any Court on any ground”, and accord precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals respectively, as unconstitutional.